The Bankruptcy Process

Bankruptcy is similar to other important decisions that you make in life; the better you understand it, the more comfortable and in control you feel. At Michael S. Martin, P.C., I want you to be as familiar as possible with what bankruptcy is, how it works and what you can expect at the conclusion of the bankruptcy process. Armed with this knowledge, you can be confident in achieving the purpose of bankruptcy which is to discharge your debts so that you begin anew on your finances.

The process begins with a procedure known as the "means test" to find out if you are eligible for Chapter 7 or 13 bankruptcies. Unfortunately, there are "bankruptcy mills" out there that will take your money and file for bankruptcy without properly ensuring you are qualified. This frequently ends up in a denied petition and you owing an additional debt to those who "helped," which I don't want to see happen. A dedicated Tracy bankruptcy lawyer from my firm first makes certain you are eligible and then we work together to determine which form of bankruptcy will benefit you the most.

Filing for Chapter 7 or 13

Next is to gather together all the required information on your financial situation so that I can correctly prepare and file your petition. When that is filed, the benefits of bankruptcy begin to manifest. The bankruptcy court will issue an immediate "automatic stay" which prevents your creditors from taking any actions to collect on debts you owe. This can provide fast foreclosure defense while preventing or stopping repossessions, wage garnishment, debt litigation and other similar collections activities.

If you have filed for Chapter 7, your debts will be discharged at the direction of the court with the final result being that all or the majority of your debts will be resolved. In Chapter I3, I prepare and file a repayment plan that adjusts your debts in such a way that you are able to pay them off and your creditors will be satisfied.

With bankruptcy, I assist local residents throughout the process, from beginning to end, with the purpose of getting them out from under the burden of overwhelming debt and onto a better phase in their lives.

Why Choose Us:

As a former prosecutor, I have handled an extensive and heavy caseload and spent countless hours negotiating with other attorneys and preparing for and taking cases to trial. As a prosecutor I handled over 500 arraignments, 40 cases to resolution, and five jury trials, including a six week special circumstance homicide trial, as a second chair attorney. It is this experience that I will bring to your case. You can be assured, my office will communicate with you as your case develops and zealously represent you. While my office handles a variety of types of cases I have dedicated a majority of my practice to representation in criminal law, bankruptcy, and personal injury.